States Meeting Transcript - 23rd October 2018

STATES OF JERSEY OFFICIAL REPORT

TUESDAY, 23rd OCTOBER 2018

COMMUNICATIONS BY THE PRESIDING OFFICER ........................................ 7

1. Welcome to H.E. The Lieutenant Governor ................................................. 7 The Bailiff : ....................................................................................... 7
2. Commemoration of the centenary of the end of the First World War .................... 7

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS ........................... 7

2. Appointment of members of the Economic Affairs Scrutiny Panel ...................... 7

2.1 Deputy K.F. Morel of St. Lawrence (Chairman, Economic Affairs Scrutiny Panel): ..... 7

3. Resignation of members of the Education and Home Affairs Scrutiny Panel .......... 7

3.1 Deputy R.J. Ward of St. Helier (Chairman, Education and Home Affairs Scrutiny Panel): .............................................................................................. 7

QUESTIONS ......................................................................................... 8

4. Written Questions ........................................................................... 8

1. DEPUTY S.M. AHIER OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING POSSIBLE MEDICAL NEGLIGENCE AT THE HOSPITAL: [WQ.199/2018] .............................................................. 8
2. THE CONNÉTABLE OF ST. BRELADE OF THE CHIEF MINISTER REGARDING THE INVOLVEMENT OF MINISTERS IN THE APPOINTMENT OF SENIOR STAFF: [WQ.200/2018] ................................................................... 8
3. DEPUTY R.J. WARD OF ST. HELIER OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING VACANCIES WITHIN THE PUBLIC SECTOR: [WQ.201/2018] ................................................................. 9
4. DEPUTY R.J. WARD OF ST. HELIER OF THE STATES EMPLOYMENT BOARD REGARDING THE REPORT OF THE HR LOUNGE ON BULLYING AND HARASSMENT IN THE STATES: [WQ.202/2018] .................................... 14
5. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HOME AFFAIRS REGARDING THE SALE OF PRODUCTS CONTAINING TETRAHYDROCANNABINOL: [WQ.203/2018] ...................................... 14
6. DEPUTY M. TADIER OF ST. BRELADE OF H.M. ATTORNEY GENERAL REGARDING VISITORS TO JERSEY WHO ARE PRESCRIBED TETRAHYDROCANNABINOL-BASED MEDICATION: [WQ.204/2018] ........... 15
7. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR SOCIAL SECURITY REGARDING LEGISLATION TO PREVENT DISCRIMINATION BY LANDLORDS AGAINST TENANTS WITH CHILDREN: [WQ.205/2018] .......... 16
8. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING ABSENCES AMONGST THE TEACHING WORKFORCE IN THE ISLAND'S SCHOOLS: [WQ.206/2018]................................................. 17
9. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING ACTIONS TAKEN IN RELATION TO

STATES EMPLOYEES NAMED IN THE REPORT OF THE INDEPENDENT JERSEY CARE INQUIRY: [WQ.207/2018] ............................................ 18

10. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING THE EMPLOYMENT OF STATES EMPLOYEES NAMED IN THE REPORT OF THE INDEPENDENT JERSEY CARE INQUIRY: [WQ.208/2018] .............................................................. 18
11. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR CHILDREN AND HOUSING REGARDING PAYMENTS ARISING FROM THE HISTORIC ABUSE REDRESS SCHEME: [WQ.209/2018] ......................................... 18
12. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE USE OF WESTAWAY COURT: [WQ.210/2018] ........................................................................... 19
13. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE CRIMINAL OFFENCES CONFISCATION FUND: [WQ.211/2018] .................................................................. 19
14. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING VACANCIES WITHIN THE HEALTH AND COMMUNITY SERVICES DEPARTMENT: [WQ.212/2018] .................. 20
15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING EXPENDITURE ON COMMUNICATIONS: [WQ.213/2018] ......... 25
16. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING THE DIFFERENCES IN EXPENDITURE BETWEEN FEE-PAYING AND NON-FEE-PAYING SECONDARY SCHOOLS: [WQ.214/2018] ............... 26
17. DEPUTY R.J. WARD OF ST. HELIER OF THE MINISTER FOR INFRASTRUCTURE REGARDING THE FUTURE DEVELOPMENT OF THE ST. SAVIOUR'S HOSPITAL AND WARWICK FARM SITES: [WQ.215/2018].......... 27
18. THE CONNÉTABLE OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE EMPLOYMENT OF COMMUNICATIONS STAFF: [WR.216/2018] ........... 28
19. DEPUTY R.J. WARD OF ST. HELIER OF THE MINISTER FOR THE ENVIRONMENT REGARDING THE RECENT REPORT FROM THE INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE: [WQ.217/2018] ...... 28
20. DEPUTY M.R. LE HEGARAT OF ST. HELIER OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING FINANCIAL AND REMUNERATION PACKAGES OFFERED TO PEOPLE LEAVING THEIR EMPLOYMENT WITH THE STATES OF JERSEY: [WQ.218/2018] ................. 29
21. DEPUTY M.R. LE HEGARAT OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING OFFICERS WHO HAVE LEFT THE STATES OF JERSEY POLICE: [WQ.219/2018] ................................................................ 30
22. THE CONNÉTABLE OF ST. HELIER OF THE MINISTER FOR THE ENVIRONMENT REGARDING THE MINISTER'S RESPONSE TO THE REPORT OF THE INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE: [WQ.220/2018] ........................................................................... 31
23. DEPUTY C.S. ALVES OF ST. HELIER OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING THE NUMBER OF TEACHERS LEAVING THE PROFESSION IN THE LAST 5 YEARS: [WQ.221/2018] ........................ 32
24. DEPUTY C.S. ALVES OF ST. HELIER OF THE MINISTER FOR INFRASTRUCTURE REGARDING LEASE AGREEMENTS ON THE WATERFRONT: [WQ.222/2018] ........................................................ 32

25. DEPUTY C.S. ALVES OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE PHASING-OUT OF MORTGAGE RELIEF ALLOWANCE: [WQ.223/2018] ......................................................... 34
26. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING POLICY IN RESPECT OF THE USE OF ZERO-HOUR CONTRACTS IN THE PUBLIC SECTOR: [WQ.224/2018] ........... 36
27. CONNÉTABLE A.S. CROWCROFT OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING WAITING TIMES FOR COMMUNITY DENTAL SERVICES: [WQ.225/2018] ................................ 37
28. CONNÉTABLE A.S. CROWCROFT OF ST. HELIER OF THE MINISTER FOR INFRASTRUCTURE REGARDING STRATEGIES TO FACILITATE WALKING AND CYCLING: [WQ.226/2018]........................................................ 38
29. DEPUTY L.M.C. DOUBLET OF ST. SAVIOUR OF THE MINISTER FOR EXTERNAL RELATIONS REGARDING THE EXTENSION OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN TO JERSEY: [WQ.227/2018] ................................................. 38

5. Oral Questions ............................................................................. 39

1. Deputy M.R. Higgins of St. Helier of the Chief Minister regarding the role of Ministers in respect of pay negotiations for the public sector: [OQ.164/2018] ..................... 39 Senator T.A. Vallois ( Deputy Chief Minister - rapporteur): .................................... 39

1. Deputy M.R. Higgins: .................................................................... 39
2. Deputy G.P. Southern of St. Helier : ...................................................... 39
3. Deputy G.P. Southern : .................................................................... 40
4. Deputy R.J. Ward :........................................................................ 40
5. Deputy G.P. Southern : .................................................................... 40
6. Deputy J.H. Perchard of St. Saviour : ..................................................... 40
7. Deputy M.R. Higgins: .................................................................... 41

2. Senator S.C. Ferguson of the Minister for Children and Housing regarding the decanting of residents from Convent Court: [OQ.158/2018] ........................................ 41 Senator S.Y. Mézec (The Minister for Children and Housing): ................................ 41

1. Senator S.C. Ferguson: ................................................................... 41
2. Deputy G.P. Southern : .................................................................... 42
3. Deputy G.P. Southern : .................................................................... 42
4. Deputy M.R. Higgins: .................................................................... 42
5. Deputy G.P. Southern : .................................................................... 42
6. Senator S.C. Ferguson: ................................................................... 42
7. Senator S.C. Ferguson: ................................................................... 42

3. Deputy S.M. Ahier of St. Helier of the Chairman of the Privileges and Procedures Committee regarding the development of plans to implement electoral reform: [OQ.163/2018] ............................................................................ 43 Deputy R. Labey of St. Helier (Chairman, Privileges and Procedures Committee): ........... 43

1. Deputy S.M. Ahier : ....................................................................... 43
2. Senator S.Y. Mézec : ...................................................................... 43
3. Senator S.Y. Mézec : ...................................................................... 44
4. Senator S.C. Ferguson: ................................................................... 44
5. Deputy G.P. Southern : .................................................................... 44
6. Deputy M.R. Higgins: .................................................................... 44
7. Deputy J.H. Young of St. Brelade : ....................................................... 45
8. Connétable D.W. Mezbourian of St. Lawrence : .......................................... 45

9. Deputy S.M. Ahier : ....................................................................... 45

4. Deputy J.M. Maçon of St. Saviour of the Minister for Home Affairs regarding traffic safety and enforcement: [OQ.162/2018].................................................. 45 Connétable L. Norman of St. Clement (The Minister for Home Affairs): ...................... 45

5.4.1 Deputy J.M. Maçon: ...................................................................... 46

5. Deputy R.J. Ward of the Chairman of the States Employment Board regarding the imposition of public sector pay awards which had been rejected by union members: [OQ.157/2018] ............................................................................ 46 Senator T.A. Vallois (Chairman, States Employment Board): ................................. 46

1. Deputy R.J. Ward :........................................................................ 46
2. Deputy G.P. Southern : .................................................................... 46
3. Deputy K.F. Morel : ....................................................................... 47
4. Deputy M.R. Le Hegarat of St. Helier : ................................................... 47
5. Deputy M.R. Higgins: .................................................................... 47
6. Deputy G.P. Southern : .................................................................... 48
7. Deputy R.J. Ward :........................................................................ 48

6. Deputy G.P. Southern of the Minister for Health and Social Services regarding the decision to spend funding which had been allocated for the refurbishment of Sandybrook Care Home elsewhere: [OQ.160/2018]................................................... 48 Deputy R.J. Renouf of St. Ouen (The Minister for Health and Social Services): .............. 48

1. Deputy G.P. Southern : .................................................................... 49
2. Senator S.C. Ferguson: ................................................................... 49
3. Deputy K.F. Morel : ....................................................................... 49
4. Connétable R. Vibert of St. Peter : ........................................................ 50
5. Deputy G.P. Southern : .................................................................... 50

7. Deputy K.F. Morel of the Minister for Infrastructure regarding the prospective total cost to the Island of running a free bus service: [OQ.155/2018] .............................. 50 Deputy H.C. Raymond of Trinity (Assistant Minister for Infrastructure - rapporteur): ........ 50

1. Deputy K.F. Morel : ....................................................................... 50
2. Deputy R.J. Ward :........................................................................ 51
3. Deputy M.R. Higgins: .................................................................... 52
4. Deputy G.P. Southern : .................................................................... 52
5. Deputy R. Labey : ......................................................................... 52

8. Deputy M.R. Higgins of the Chairman of the States Employment Board regarding her assessment of the States of Jersey as an employer: [OQ.165/2018] ...................... 53 Senator T.A. Vallois (Chairman, States Employment Board): ................................. 53

1. Deputy M.R. Higgins: .................................................................... 53
2. Deputy R.J. Ward :........................................................................ 53
3. Deputy M.R. Higgins: .................................................................... 54

9. Deputy K.F. Morel of the Minister for Health and Social Services regarding the suspension of the project to build three care homes for children with autism: [OQ.156/2018] ............................................................................ 54 The Deputy of St. Ouen (The Minister for Health and Social Services): ...................... 54

1. Deputy K.F. Morel : ....................................................................... 54
2. Deputy M.R. Higgins: .................................................................... 55
3. Deputy G.P. Southern : .................................................................... 55
4. Deputy K.F. Morel : ....................................................................... 55

10. Deputy G.P. Southern of the Assistant Chief Minister regarding prospective funding cuts to departmental budgets: [OQ.161/2018] ................................................ 56 Connétable C.H. Taylor of St. John (Assistant Chief Minister - rapporteur): .................. 56

1. Deputy G.P. Southern : ................................................................ 56
2. Deputy R.J. Ward : ..................................................................... 56
3. Deputy G.P. Southern : ................................................................ 57
4. Deputy G.P. Southern : ................................................................ 57

11. Senator S.C. Ferguson of the Minister for Health and Social Services regarding the decision not to refurbish Sandybrook Care Home: [OQ.159/2018] ...................... 57 The Deputy of St. Ouen (The Minister for Health and Social Services): ...................... 57

1. Senator S.C. Ferguson: ................................................................ 57
2. Deputy G.P. Southern : ................................................................ 57
3. Deputy G.P. Southern : ................................................................ 57
4. Senator S.C. Ferguson: ................................................................ 58

6. Questions to Ministers without notice - The Minister for External Relations ......... 58

1. Connétable M.K. Jackson of St. Brelade : ................................................ 58 Senator I.J. Gorst (The Minister for External Relations): ...................................... 58
2. Deputy R.J. Ward :........................................................................ 58
3. Deputy S.M. Ahier : ....................................................................... 59
4. Deputy K.F. Morel : ....................................................................... 59
5. Deputy G.P. Southern : .................................................................... 59
6. The Connétable of St. Lawrence :......................................................... 59
7. Deputy L.M.C. Doublet of St. Saviour : .................................................. 60

6.7.1 Deputy L.M.C. Doublet : .................................................................. 60

8. Deputy R.J. Ward :........................................................................ 60
9. Deputy G.P. Southern : .................................................................... 60
10. The Connétable of St. Lawrence :......................................................... 61

7. Questions to Ministers without notice - The Minister for Social Security ............. 61

1. Deputy M.R. Higgins: .................................................................... 61 Deputy J.A. Martin of St. Helier (The Minister for Social Security): .......................... 61
2. Deputy R.J. Ward :........................................................................ 61
3. Deputy S.M. Ahier : ....................................................................... 62
4. Connétable S.A. Le Sueur -Rennard of St. Saviour :...................................... 62
5. Connétable J. Le Bailly of St. Mary : ..................................................... 62
6. The Connétable of St. Brelade : ........................................................... 62
7. Deputy K.F. Morel : ....................................................................... 63
8. Deputy M.R. Higgins: .................................................................... 63
9. Deputy K.F. Morel : ....................................................................... 63
10. Deputy R.J. Ward :........................................................................ 64

PUBLIC BUSINESS ................................................................................ 64

8 Ratification of the Agreement between Jersey and the Principality of Liechtenstein for the Elimination of Double Taxation with Respect to Taxes on Income and on Capital and the Prevention of Tax Evasion and Avoidance (P.102/2018) .............. 64

8.1 Senator I.J. Gorst (The Minister for External Relations): ................................ 64

1. Deputy M.R. Higgins: .................................................................... 64
2. Senator I.J. Gorst : ........................................................................ 64

ARRANGEMENT OF PUBLIC BUSINESS FOR FUTURE MEETINGS.................... 65

9. Deputy R. Labey (Chairman, Privileges and Procedures Committee): .................. 65

1. Deputy S.J. Pinel of St. Clement : ........................................................ 65

2. Deputy R. Labey : ......................................................................... 65
3. Senator I.J. Gorst : ........................................................................ 65

ADJOURNMENT .................................................................................. 66

[9:31]

The Roll was called and the Dean led the Assembly in Prayer.

COMMUNICATIONS BY THE PRESIDING OFFICER

1. Welcome to H.E. The Lieutenant Governor

The Bailiff :

First of all, can I welcome on your behalf His Excellency the Lieutenant Governor? [Approbation]

2. Commemoration of the centenary of the end of the First World War

Members should have received notification from my office of the various events, which are taking place to commemorate the end of the First World War, the 100 years, the end of the war, and I hope Members have been able to support some or all of those particular events. But I take the opportunity of mentioning it again today so that any members of the public who are listening can also receive the warmest of invitations from me to attend the various events, which commemorate the end of the First World War. I very much hope there will be a good turnout, both for Remembrance Sunday of course, celebrated both at the Cenotaph and in the different Parishes, and in the evening when there will be the most southerly bonfire of a chain of bonfires lit across the British islands and that will be at Les Landes. There will be things to eat and no doubt some music and I am sure everyone will have a very good time, so I hope members of the public will turn out to Les Landes in force. So I just thought I would make that announcement.

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

2. Appointment of members of the Economic Affairs Scrutiny Panel The Bailiff :

Under F there is the nomination of Senator Moore as a member of the Economic Affairs Scrutiny Panel.

2.1   Deputy K.F. Morel of St. Lawrence (Chairman, Economic Affairs Scrutiny Panel): Following the resignation of Deputy Pamplin, we were looking for a new member of the Economic Affairs Scrutiny Panel and Senator Moore has kindly agreed to take part.

The Bailiff :

Is it seconded? [Seconded] Are there any other nominations? Very well, then I declare Senator Moore to have been elected as a member of the Economic Affairs Scrutiny Panel. [Approbation]

3. Resignation of members of the Education and Home Affairs Scrutiny Panel

The Bailiff :

I have received the resignation of Deputy Perchard from the Education and Home Affairs Scrutiny Panel. Are you in a position to propose anyone today, Chairman?

3.1   Deputy R.J. Ward of St. Helier (Chairman, Education and Home Affairs Scrutiny Panel): No, Sir, I am not. I would like to at some point change the quorate number to 2 if the Assembly would do that.

The Bailiff :

We will need to change Standing Orders for that purpose so that might be rather more difficult.

Deputy R.J. Ward : Okay, thank you.

Senator S.C. Ferguson:

Sir, may I raise the défaut on the Connétable of St. Saviour ?

The Bailiff :

I am not sure she was on défaut. I did not have you down as on défaut because I saw you. If it needs to be raised, it is raised. Thank you. Now we come to questions.

[9:45]

QUESTIONS

4. Written Questions

1. DEPUTY S.M. AHIER OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING POSSIBLE MEDICAL NEGLIGENCE AT THE HOSPITAL: [WQ.199/2018]

Question

Will the Minister inform the Assembly, for the past 10 years, –

1. how much has been paid as a result of court settlements for medical negligence at the General Hospital;
2. how much has been paid in out-of-court settlements in respect of such cases;
3. the total cost to the States of Jersey of these payments; and
4. the number of deaths from medical negligence?

Answer

1. Proceedings have been issued in some cases and some have settled out of court.
2. The total sum paid, inclusive of damages and costs, is £5,930,005
3. The total uninsured cost to the States of Jersey of the payments referred to in b) is £1,304,656
4. There have been fewer than 5 claims alleging medical negligence following the death of a patient.

2. THE CONNÉTABLE OF ST. BRELADE OF THE CHIEF MINISTER REGARDING THE INVOLVEMENT OF MINISTERS IN THE APPOINTMENT OF SENIOR STAFF: [WQ.200/2018]

Question

Will the Chief Minister advise whether Ministers have been, or will be, involved in the appointment of senior staff to the departments which support them; and, if so, will the Chief Minister further advise whether training in interview techniques is given to them and if not, why not?

Answer

The involvement of politicians in the recruitment and selection process for senior States of Jersey employees is set out in the Guidelines published by the Jersey Appointments Commission. The Guidelines state that only when filling the vacancy of the post of Chief Executive to the Council of Ministers should a Minister be involved directly in the interviewing and appointment of applicants

In all other cases, Ministers would not normally be included as members of a panel.

However, where a post will be of interest to a Minister, they may request to take an active interest in the recruitment and selection processes associated with filling that post. In this connection, the Minister could be invited to participate in commenting on the following areas:

• the period of the contract which will apply to the post;

• the job description

• issues they might want to raise after informal meetings with any short listed candidates together with any relevant questions that might be asked by the Panel

The candidate recommended for appointment must be the person deemed to be the most appropriate based on merit against the criteria agreed by the panel and the Jersey Appointments Commission as necessary.

The Minister may be invited to meet the selected candidate once the panel has confirmed its decision to appoint, but he or she may not influence the decision of the panel.

If training in interview techniques is required for Ministers, this can be provided on an ad hoc basis by the Human Resources department.

3. DEPUTY R.J.  WARD  OF  ST.  HELIER  OF  THE  CHAIRMAN  OF  THE  STATES EMPLOYMENT  BOARD  REGARDING  VACANCIES  WITHIN  THE  PUBLIC  SECTOR: [WQ.201/2018]

Question

Following the Chief Minister's Speech on 10th October 2018 to the Chamber of Commerce, where he announced "sustainable savings" in the public service of £30 million, and stated that "the States is currently carrying around 600 vacancies, and has a staff turnover rate of 12%", will the Chairman provide –

1. a detailed breakdown of where these vacancies exist, by department;
2. a breakdown of these vacancies by pay grade and current wage;
3. a statement of which of these vacancies currently involve payments by the States to an employee acting up' into the position; and
4. a breakdown of any further planned job losses, if separate from these 600 vacant posts, by department? Answer(s):

1. Vacancies broken down by department

2. Breakdown of vacancies by pay grade and the current wage cost:

A detailed summary by pay grade is appended

3. There are no vacancies currently which involve payments by the States to employees acting up' into the position.
4. A breakdown of any further planned job losses by department cannot be provided as it will be subject to the outcomes of the TOM restructuring process.

Appendix:

* Negative values in Vacancies' refer to more staff in respective posts than has been budgeted.

* Negative values in Cost Of Vacancies' refers to the cost of filling those extra non-budgeted posts.

4. DEPUTY R.J. WARD OF ST. HELIER OF THE STATES EMPLOYMENT BOARD REGARDING THE REPORT OF THE HR LOUNGE ON BULLYING AND HARASSMENT IN THE STATES: [WQ.202/2018]

Question

Further to the response of the Chief Minister to Oral Question 70/2018 regarding the report of The HR Lounge on bullying and harassment in the States, in which he stated that the matters raised would be "looked into as a matter of urgency", will the Chairman –

1. update members on how any of the report's recommendations have been adopted and what changes have been made in the treatment of public sector workers since the report's publication; and
2. explain how the situation will be monitored to ensure the development of a culture in which staff feel safe to voice their concerns and the embedding of such a culture in the changing structure of the States?

Answer

Two new policies have been drafted: Whistleblowing and Bullying and Harassment, the content of which have been approved by the States Employment Board. The policies respond to the key recommendations made in the HR Lounge report and will be published in January 2019.

It is important that public sector workers feel supported and safe when raising concerns. Hence an independent, third party off-Island Speak-Up Line' has been secured for employees to contact directly as necessary, in addition to the normal line management structure. The supplier provides reporting on key insights and statistics which will allow the Board to monitor concerns in order that areas for improvement may be identified throughout the public sector. This will be launched in January 2019

Training has been sourced to support the roll-out of both policies to ensure the consistent application of the policy and its procedures. This will complement the work to be undertaken on values and behaviours by the Team Jersey programme during 2019 and 2020.

5. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HOME AFFAIRS REGARDING THE SALE OF PRODUCTS CONTAINING TETRAHYDROCANNABINOL: [WQ.203/2018]

Question

Will the Minister state what content of tetrahydrocannabinol (T.H.C.) is legally allowed in so-called C.B.D. oil'(Cannabidiol) which is sold over the counter as a health supplement in Jersey; and advise what testing, if any, is done to ascertain that such imported products do not contain levels of T.H.C. that exceed the legal limit?

Answer

At present, the Misuse of Drugs (Jersey) Law 1978 controls cannabinol derivatives under Class A drugs.

Cannabinol derivatives are defined under Part 4 of the Law as the following substances, except where contained in cannabis or cannabis resin, namely tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives.' Tetrahydrocannabinol (T.H.C.) falls under this definition and therefore THC as a pure compound is a Class A drug.

It should be noted that cannabidiol (CBD) as a pure substance is not caught by any of these definitions and is therefore not controlled under the law.

The presence of any THC in a product would make that product a controlled substance under the law. Some controlled substances do have thresholds below which they are not considered controlled but there is no threshold for cannabinol derivatives.

It is for the importer of a product to demonstrate the content of THC in that product. This could be done via the provision of a Certificate of Analysis from a recognised laboratory confirming the THC content.

6. DEPUTY M. TADIER OF ST. BRELADE OF H.M. ATTORNEY GENERAL REGARDING VISITORS TO JERSEY WHO ARE PRESCRIBED TETRAHYDROCANNABINOL-BASED MEDICATION: [WQ.204/2018]

Question

What legal provisions, if any, are in place to deal with a visitor from a jurisdiction which allows tetrahydrocannabinol (T.H.C.)-based medication, and who has been prescribed such medication, to bring it into the Island?

Answer

THC is classified in Schedule 2 to the Misuse of Drugs (Jersey) Law 1978 (the "Law") as a Class A' controlled drug. THC comes within the meaning of "cannabinol derivatives" and Part 4 of Schedule 2 to the Law defines "cannabinol derivatives" as meaning "the following substances, except where contained in cannabis or cannabis resin, namely tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives".

Article 4(1) of the Law provides a general prohibition on the importation or exportation of controlled drugs. However, in accordance with paragraph (2)(b) of the said Article, this prohibition does not apply to the import or export of a controlled drug under and in accordance with the terms of a licence issued by the Minister for Health and Social Services, and in compliance with any conditions attached thereto.

Further to a Ministerial Decision on 27 July 2007, a revised Open General Licence for the Importation and Exportation of Controlled Drugs (OGIEL) came into force on 1 August 2007, pursuant to Articles 4(2)(b) and 26 of the Law. A copy of the OGIEL is included below.

Subject to the terms and conditions of the OGIEL, it enables a visitor, who has been prescribed a medicinal product, which in this context is defined in Article 2 of the Medicines (Jersey) Law 1995 as any substance to be administered to a human for a medicinal purpose, to import and export the medicinal product to and from the Island.

It is important to note that the power of the Minister to issue a licence pursuant to Article 4(2)(b) of the Law can only be exercised for the purpose of licensing the import and export of controlled drugs. The OGIEL does not legalise possession of drugs where possession is otherwise unlawful. Therefore, paragraph 3.a of the OGIEL specifically excludes its application to the exportation or importation of any controlled drug by a person who is not lawfully in possession of the drug.

Article 12(1) of the Law allows the Minister by Order to make provisions for the purpose of exempting certain controlled drugs from certain of the restrictions among other things, the possession of drugs in the Law. These exceptions are found in the Misuse of Drugs (General Provisions) (Jersey) Order 2009 (the "Order"). A visitor would not be lawfully in possession of a controlled drug unless authorised in accordance with the Order.  

Article 3 of the Order provides the Minister with the power to issue a licence to permit a person to have in his or her possession a controlled drug, including THC, in accordance with the terms of the licence and in compliance with any conditions attached to the licence. This power might be used to issue personal licences in respect of a controlled drug and could be exercised in conjunction with the OGIEL to permit visitors to lawfully important and possess medically prescribed THC products.

MISUSE OF DRUGS (JERSEY) LAW 1978

OPEN GENERAL LICENCE FOR THE IMPORTATION AND EXPORTATION OF CONTROLLED DRUGS

In pursuance of Articles 4(2)(b), and 26 of the Misuse of Drugs (Jersey) Law 1978 the Minister for Health and Social Services hereby licences, with effect from 1st August 2007, and subject to the terms and conditions specified below, the importation and exportation of;

1. Any controlled drug by a person who is entering or leaving Jersey, where the drug is intended for administration for medical or dental purposes in accordance with a prescription issued by a registered practitioner, to himself or to a member of his household who is unable to administer the drug himself, and who is travelling with that person at the time of importation or exportation.

2. Any controlled drug by a doctor of medicine who is entering or leaving Jersey

1. with a patient for whose treatment during the Journey to or from Jersey the doctor considers the drug may be necessary;
2. for the purpose of immediately leaving or, within the next three days entering Jersey with such a patient; or
3. within three days after its lawful exportation by him when leaving, or immediately after its lawful importation by him when entering, Jersey with a patient for whose treatment during that journey from or to Jersey the doctor considers the drug might be necessary.

The terms and conditions attached to this licence are –

1. The time between a person entering and leaving Jersey, or leaving and returning to Jersey, must not exceed 28 days.
2. The person must carry with them a letter from the prescribing doctor or dentist confirming the person's name, address, date of birth, outward and return dates of travel, the country to be visited and the drugs to be carried including dosages and total amounts.
3. This licence does not apply –

1. to any controlled drug which is not contained in a medicinal product within the meaning of the Medicines (Jersey) Law 1995
2. unless the controlled drug is under the direct personal supervision of the person importing or exporting it
3. to the exportation or importation of any controlled drug by a person who is not lawfully in possession of the drug
4. to the importation of buprenorphine tablets or methadone liquid

It is hereby directed that, notwithstanding any provision in the Regulations under the Misuse of Drugs (Jersey) Law 1978 with respect to record keeping, no record is required to be kept of any quantity of controlled drug imported or exported under this licence.

The open general licence issued on 1st March 2007, is hereby revoked.

This licence shall remain in force until revoked by the Minister for Health and Social Services.

7. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR SOCIAL SECURITY REGARDING LEGISLATION TO PREVENT DISCRIMINATION BY LANDLORDS AGAINST TENANTS WITH CHILDREN: [WQ.205/2018]

Question

Will the Minister advise what progress, if any, has been made to bring forward legislation to enact the States Assembly's decision to adopt Housing: Prevention of discrimination by landlords against tenants with children' (P.31/2018), namely to prevent discrimination against prospective tenants who are domiciled with, and have legal custody of, a child under the age of 18 years; and when members can expect this legislation to be brought to the Assembly?

Answer

Work has commenced on producing a children's legislation programme action plan which will see a major overhaul of existing children's legislation. This will include the Children (Jersey) Law 2002 and a range of other laws, such Day Care of Children (Jersey) Law 2002, and the necessary changes to the Discrimination Law to deliver the commitment made by the States Assembly under P.31/2018. The Minister for Social Security, who is responsible for the Discrimination Law, will work with the Minister for Children and Housing to bring forward the amendments to that law

The children's legislation programme will represent a significant and far reaching programme of legislative change for the benefit of children and their families. The associated action plan, which will be published by the Minister for Children and Housing before the end of 2018, will prioritise the legislative changes required to ensure effective delivery of the entire change programme.

Until this work is completed it is not possible to confirm when discrimination legislation will be brought to the States Assembly.

8. DEPUTY G.P.  SOUTHERN  OF  ST.  HELIER  OF  THE  MINISTER  FOR  EDUCATION REGARDING ABSENCES AMONGST THE TEACHING WORKFORCE IN THE ISLAND'S SCHOOLS: [WQ.206/2018]

Question

Will the Minister inform members of the total days of both planned absence (e.g. training) and unplanned absence (e.g. sickness) amongst the teaching workforce in primary schools for the years 2015 to 2018 and show the breakdown of how cover was provided for these absences (whether by teachers, teaching assistants or supply teachers); and will she provide the same information in respect of Years 7 to 11 in secondary schools, with the same parameters?

Answer

Planned absence (e.g. training) is not consistently recorded across all schools in a format that could provide a report of statistics as requested.

Sickness absence is centrally recorded within the Human Resources Information System (HRIS) and the data requested is below.

Provision of cover for absences is not consistently recorded across all schools in a format that could provide a report of statistics as requested.

Online recording of Absence management, through roll out of system improvements is due in Q1 2019.

9. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING ACTIONS TAKEN IN RELATION TO STATES EMPLOYEES NAMED IN THE REPORT OF THE INDEPENDENT JERSEY CARE INQUIRY: [WQ.207/2018]

Question

Will the Chairman advise members how many States employees named in the report of the Independent Jersey Care Inquiry (R.59/2017) were removed from their positions pending an investigation into their actions; and will she state the nature of any such investigations and what subsequently happened to these employees?

Answer

At the time of the publication of the report, three current employees were named in the Independent Jersey Care Inquiry (R.59/2017).

All three were removed from frontline duties whilst the circumstances were reviewed, WQ 14/2018 refers. All employees were returned to their roles once the review was complete.

The information provided is consistent with our aim to answer the Deputy 's question but we are unable to provide further detail on the nature of the investigations due to the low numbers of staff involved.

10. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING THE EMPLOYMENT OF STATES EMPLOYEES NAMED IN THE REPORT OF THE INDEPENDENT JERSEY CARE INQUIRY: [WQ.208/2018]

Question

Will the Chairman advise members whether any former or existing States employees named in the report of the Independent Jersey Care Inquiry (R.59/2018), who were accused by either survivors or other members of staff of abusing children physically, sexually or emotionally, were subject to a disciplinary process or criminal trial; and will she state whether any of these people are still employed by the States?

Answer

A similar question WQ.14/2018 was asked in January 2018 which is identified for reference.

No disciplinary process has been applied to any existing member of staff in respect of the report of the Independent Jersey Care Enquiry. There are no criminal or pending prosecutions about existing or former employees

Two employees who were named in the Inquiry report remain employed by the States of Jersey.

11. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR CHILDREN AND HOUSING REGARDING PAYMENTS ARISING FROM THE HISTORIC ABUSE REDRESS SCHEME: [WQ.209/2018]

Question

Will the Minister advise members how much money was paid in respect of the following?

1. to survivors of abuse in Jersey under the Historic Abuse Redress Scheme;
2. to lawyers acting for the States (breaking down the total figure into the amounts paid to each of the law firms who represented the States of Jersey Police, the Department of Health and Social Services, the States Greffe or any other relevant departments, and any specific individuals concerned); and
3. to lawyers acting for the survivors.

Answer

To date, the monies paid in relation to the Historic Redress Scheme (HARS) and associated matters are:

1. survivors of abuse: £2,345,642;
2. lawyers acting for the States: £2,965,288. These monies relate to the establishment and management of HARS, plus matters relating to late and usual claims and legal advice relating to the potential establishment of a new redress scheme (HARS 2). HARS scheme costs were central costs and were not incurred by other Departments;
3. lawyers acting for survivors: £1,020,428.

The current HARS scheme (HARS) provided for survivors to apply for monies to support therapy costs. These monies continue to be claimed.

In December this year, the Council of Ministers will be asked to consider whether a new redress scheme should be established to provide redress beyond the existing HARS criteria. Provisionally known as HARS 2, the new scheme would provide awards that fairly reflect the severity of the harm or abuse suffered and would also seek to rebalance the monies paid to survivors and those required for administration and legal costs.

12. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE USE OF WESTAWAY COURT: [WQ.210/2018]

Question

Will the Minister advise members when Westaway Court was vacated by doctors and other medical workers, how many of them were relocated to the Limes and how many of these same workers are to be re-located to Plaisant Court; and will he further outline what Westaway Court was used for after the medical staff had left the premises?

Answer

28 doctors occupying single-room accommodation were moved to The Limes in February 2018, with another 7 moving over the following months.

Currently, 35 rooms at The Limes are occupied by long-term staff and 4 rooms are being utilised for short- term locum doctors.

The units vacated at Westaway Court have either been decommissioned and are no longer available for occupation or have been used to accommodate medium- and short-term locum staff.

A total of 22 staff resident in various units of accommodation will be moving from Westaway Court to Plaisant Court over the next few weeks/months.

The aim is to have vacated Westaway Court and handed it back to Jersey Property Holdings by the end of this year in accordance with the outline business case approved by the States Assembly.

13. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE CRIMINAL OFFENCES CONFISCATION FUND: [WQ.211/2018]

Question

Will the Minister advise members of the current amount of money contained in the Criminal Offences Confiscation Fund; from what sources the funds currently in the Fund were derived (i.e. the relevant cases); and how money has been disbursed from the Fund over the last three years?

Answer Balance of Fund

As at 16th October 2018, the total cash held in the Criminal Offences Confiscation Fund (COCF) was £11,860,532.

Of this amount, a total of £8,740,349 is ring-fenced under asset-sharing agreements with other jurisdictions. This leaves a net position of £3,120,183.

Source of Funds

All funds paid into the COCF are received following a Confiscation Order issued by the Royal Court.

In cases where other jurisdictions are involved an asset-sharing agreement may be made in which Jersey retains a portion of the confiscated amount. Recent asset-sharing agreements with the USA and the UK have resulted in £6,529,113 being retained in Jersey.

Disbursements  

Payments made from the Fund over the last three years are as follows:

2016: £118,939 to the Community & Constitutional Affairs Department for CCTV equipment for the Police. 2017: £40,061 to the Community & Constitutional Affairs Department for CCTV equipment.

2018: £6,500,000 to the Prison, as agreed in the Budget 2018 capital programme, and £250,000 to the Law Officers Department to fund Jersey's involvement in the International Centre for Asset Recovery.

14. DEPUTY G.P.  SOUTHERN  OF  ST. HELIER OF  THE  MINISTER  FOR  HEALTH  AND SOCIAL  SERVICES  REGARDING  VACANCIES  WITHIN  THE  HEALTH  AND COMMUNITY SERVICES DEPARTMENT: [WQ.212/2018]

Question

Further to his answer to Written Question 159/2018 on 25th September 2018, will the Minister –

1. inform members how many vacancies his department is carrying across the whole of Health and Community Services, providing the job title and grade for each vacancy;
2. indicate which of the posts concerned deliver essential front-line services and which are to be subject to the process of workforce modernisation'; and
3. indicate which of these vacancies form part of the 600 vacancies referred to by the Chief Minister in his recent address to the Chamber of Commerce?

Answer

1. Health and Community Services is currently carrying a total of 335.6 vacancies across the whole department, of which 123 posts are currently in active recruitment/offer of employment stages. The job title and grade for each vacancy is as follows:

Note: Numbers are subject to rounding, hence the 0.0 entry for some lines.

2. All posts would be involved with delivering essential front-line services. As part of the work currently being undertaken as part of the wider Target Operating Model, all roles will be subject to workforce modernisation'.
3. An indication of which of the vacancies form part of the 600 vacancies referred to by the Chief Minister cannot be provided at this time as this will be subject to the outcome of the implementation of the Target Operating Model by Health and Community Services.

15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING EXPENDITURE ON COMMUNICATIONS: [WQ.213/2018]

Question

Further to his answer to Written Question 194/2018, will the Chief Minister –

1. provide his assessment of the value for money of expenditure on communications, disregarding any expenditure on technical web-support elements referred to in that previous answer;
2. advise why staff have been recruited to the Communications Directorate before the results of the "further, detailed exercise" arising from the 2017 audit of communications are known;
3. state when that "further, detailed exercise" will be completed; and
4. commit to presenting the resultant report from that exercise to members?

Answer

1. It will be possible to establish the external expenditure on communications activities historically, and the further detailed exercise that will analyse these external costs has already been commissioned. However, it will not be possible to say whether this expenditure represented good value for money, because, as the communications audit revealed, there was little objective setting, or measurement and evaluation of what outcomes were achieved as a result of these communications activities. Under the new structure being created, each new communications project or campaign will need to establish objectives at the outset and measure the campaign's effectiveness in achieving those objectives. As design and marketing activities are increasingly insourced, it will also be possible to compare the costs of providing these services internally, versus the cost of procuring them via external agencies.

2. As the communications audit concluded, the previous structure of communications was ad hoc, not fit for purpose, and therefore the States of Jersey was not communicating effectively with the public, stakeholders, the media and staff. For instance, some departments had several communications officers – or people in roles that included communications – and others had none. There was also an under-resourced central press office, no central internal communications function and no in-house marketing and design function. The duplication, inefficiencies and omissions arising from this situation were well detailed in the audit.

The decision to approve the new structure of government communications was therefore not simply based on a cost comparison with previous arrangements, but on the need to create a professional government communications service, which would properly assist the government in meeting its obligations to inform and engage with the public, stakeholders and staff through high-quality and effective communications.

3. The further detailed exercise of historical communications costs will be completed by the end of November.
4. The report of those historical costs will be made available to Members.

16. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING THE DIFFERENCES IN EXPENDITURE BETWEEN FEE-PAYING AND NON-FEE-PAYING SECONDARY SCHOOLS: [WQ.214/2018]

Question

Further to the answers to Written Questions 160/2018 and 181/2018, in which it was shown that total expenditure in 2018 on education in the non-fee-paying 11 to 16 schools was on average £4.4 million per school and that expenditure in the same year (including fees) at Victoria College and Jersey College for Girls was £7.6 million, will the Minister explain how this difference is justifiable in light of the objective stated in Proposed Common Strategic Policy 2018-22' (P.110/2018) to "narrow education attainment gaps" and state what action, if any, will be taken as a result?

Answer

The funding for Fee Paying Schools and for States secondary schools are calculated using the same model. The difference being that the States only fund 48.5% of the Fee Paying School. The Fee Paying schools then use school Fees to balance their expenditure.

Officers were unable to identify where previous answers have indicated an average expenditure per year of £7.6 million for Victoria College and Jersey College for Girls. I understand the Deputy may have used published fees from the school websites to calculate the £7.6 million but without knowing the detail of the calculation I cannot comment on its accuracy.

There are a number of factors that prevent a direct comparison between funding for fee paying and non-fee paying schools, several are listed below and will justify some difference in expenditure between fee and non- fee paying schools:

• Fee Paying schools are for ages 11-18 and non-fee paying are for ages 11-16 only.

• The per pupil cost is higher in years 12 & 13 which are not taught at 11-16 non-fee paying schools.

• Fee paying schools have an average of 25% of their students in years 12 & 13.

• Fee paying schools have to fund premises occupancy costs, non-fee paying schools do not pay occupancy

• Average number of pupils in the four 11-16 secondary schools was 666, while in the fee paying schools was 705

Narrowing of education attainment gaps will be achieved by improvements across a wide range of factors which influence it. Financial factors are of course a consideration but are just one part of a range of complex issues we need to understand and resolve working with our stakeholders over this term of Government.

17. DEPUTY R.J. WARD OF ST. HELIER OF THE MINISTER FOR INFRASTRUCTURE REGARDING THE FUTURE DEVELOPMENT OF THE ST. SAVIOUR'S HOSPITAL AND WARWICK FARM SITES: [WQ.215/2018]

Question

Will the Minister advise whether the States of Jersey Development Company, Andium Homes or any other developer are currently in negotiations in respect of the future development of the St. Saviour 's Hospital and Warwick Farm sites; and if so, will he confirm that no final decision arising from such negotiations will be made until the outcome of all reviews into the new hospital site are completed?

Answer Warwick Farm

This site is leased to IHP limited for a nine year period from 1st January 2018. There are no negotiations with any developer in train in relation to this site.

St Saviours Hospital

The site at St Saviours Hospital is in two parcels.

The land to the north of La Route de la Hougue Bie comprises Clinque Pinel and Rosewood House. These are operational buildings that will remain as such for the foreseeable future, pending the provision of any alternative accommodation proposed as a result of the Mental Health review.

The land to the South comprising Queens House and associated buildings, together with residential properties at Marina Court, Marina Cottages and Valley Close, has the potential for redevelopment. However, services provided at Orchard House will need to be relocated to the north side of the road, and keyworker accommodation reprovided, before the site is available for redevelopment. This is likely to take up to two years.

The Regeneration Steering Group (RSG) has agreed for the site to be re-developed by the States of Jersey Development Company (JDC) and, once a Development Brief has been issued by the Environment Minister, JDC will to produce a Development Plan for the RSG to consider. There will also be engagement with stakeholders including St Saviour Deputies prior to decisions being made. No negotiations are in train with JDC, Andium Homes or any other developer at this stage.

The States Assembly has approved the current hospital site as the preferred location for the new hospital. The report of the Planning Inspector is expected in early November.

The Chief Minister's Policy Review Panel is scheduled to report by the end of October.

As no negotiations are in place for either site, and decisions on the current proposals are expected imminently, the confirmation sought by the Deputy is unnecessary.

18. THE CONNÉTABLE OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE EMPLOYMENT OF COMMUNICATIONS STAFF: [WR.216/2018]

Question

What numbers of public relations officers, communications staff, media consultants (or similarly titled staff) have been employed by States departments over the past five years; and what have been the annual salaries and other costs associated with such employment?

Answer

In the past, a large number of staff had communications responsibilities as part of their role, and this was often not included in their job titles. Moreover, external agencies hired to provide PR or other support were hired on a project cost basis, which cannot be broken down into its component elements, such as staff time. Therefore, it is not possible to produce an accurate historical estimate.

19. DEPUTY R.J. WARD OF ST. HELIER OF THE MINISTER FOR THE ENVIRONMENT REGARDING THE RECENT REPORT FROM THE INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE: [WQ.217/2018]

Question

Given that the recent report from the Intergovernmental Panel on Climate Change, IPCC Special Report on Global Warming of 1.5°C', indicated 12 years remain to reduce carbon emissions significantly before global warming could reach irreversible levels, will the Minister –

1. commit to making this issue an agenda item at all meetings of the Council of Ministers to ensure it is given priority and urgent attention;
2. outline the measures currently being taken to reduce the Island's carbon emissions; and
3. detail any future plans to make Jersey a world leader in renewable energy or, if there are no such plans, explain the lack of planning?

Answer

1. & (b)

Our officer team and I are currently considering the latest IPCC report in the context of the Island's agreed emissions reduction plan - Pathway 2050: An Energy Plan for Jersey (P.38/2014[1]). The Energy Plan outlines all the policies and actions to reduce Jersey's Greenhouse Gas Emissions by 80% on 1990 baseline levels by 2050[2].

The delivery of the Energy Plan is overseen by the Jersey Energy Partnership[3], whose role it is to monitor and review the Energy Plan. The Partnership has two parts, a Ministerial Energy Executive, and a multi- stakeholder energy forum.

The Energy Executive is responsible for the ongoing monitoring of the actions as outlined in the Energy Plan. They review the delivery of the Plan and develop or commission new policy areas or actions accordingly.

The Energy Executive includes the following Ministers and their officers: Minister for the Environment (Chair), Minister for Economic Development, Tourism, Sport and Culture, Minister for Infrastructure, and Minister for Social Security, and therefore it is considered that there is sufficient Ministerial oversight for delivery of the plan. Where this is required the Executive will bring matters to the attention of the Council of Ministers (COM). Therefore, at the present time I do not consider it necessary to make climate change a standing item on all COM agendas.

2. Considerable work has been done to assess Jersey's potential for renewable energy generation, especially given the Island's large tidal range, offshore wind resource and sunshine hours (See Chapter 4 of Pathway 2050).

The aim of the Energy Plan is to deliver secure, affordable and sustainable energy. At the present time the costs involved in harvesting utility scale renewable energy for sale on-Island would cause energy costs to rise if we were to adopt current technologies. Until these costs reduce this would negatively impact on the affordability of energy for consumers. Taking into account the vital need to maintain a network infrastructure, even for micro renewables, at the present time most renewable energy options are likely to be equal or more expensive to produce than conventional forms of energy.

Jersey's current mix of electricity from France is certified as 65% nuclear and 35% renewable energy (hydro- electric from the La Rance tidal impoundment barrage[4]). Jersey's 35% renewable energy component of electricity, compares well with the UK, where 30% of their electricity generation was renewable in Q1 2018[5]. Therefore, Jersey's electricity supply is not only decarbonised (via the importation of nuclear energy), it also currently comprises a substantial proportion of renewable energy. As a percentage of all Jersey's energy use (Total Primary Energy Supply), our renewable component comprises 12.5%.

Whilst Jersey currently bench marks reasonably well against other places, it is essential that we do more to increase renewable energy use in future years and recognise that our current security and affordability of supply may not be guaranteed in the future.

The costs of generating renewable energy of all types can be expected to fall as technology improves, whilst the costs of traditional energy sources will increase. The Council of Minister's Proposed Common Strategic Policy 2018-2022 has made a commitment to establishing our policy on renewable energy at the utility and domestic scales with the intention of creating a more sustainable supply'. Therefore, I will fully support our joint efforts towards switching to more renewable energy both from a sustainability perspective but also from a security of supply perspective when affordability is less prohibitive.

Concurrently with our policy development work in 2019, we will also consider opportunities as they arise in this fast moving situation.

20. DEPUTY M.R. LE HEGARAT OF ST. HELIER OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING FINANCIAL AND REMUNERATION PACKAGES OFFERED TO PEOPLE LEAVING THEIR EMPLOYMENT WITH THE STATES OF JERSEY: [WQ.218/2018]

Question

Will the Chairman advise how many staff have been given the following since 1st October 2017 –

1. compromise agreements;
2. voluntary redundancy;
3. compulsory redundancy; or
4. any other form of financial or remuneration package on leaving their employment with the States of Jersey;

will she state how many staff have been given gardening leave' during the same period and how many of any such staff are still employed by the States; and will she also state how much such agreements and arrangements have cost the States to date?

Answer

21. DEPUTY M.R. LE HEGARAT OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING  OFFICERS  WHO  HAVE  LEFT  THE  STATES  OF  JERSEY  POLICE: [WQ.219/2018]

Question

Will the Minister state how many officers have left the States of Jersey Police since 1st August 2017, including those who are currently working their notice, breaking the figures down by the following age groups –

20-30 30-40

40-50

50-60

and will he also indicate within each age group the breakdown by rank and gender? Answer

The information requested is compiled in the table below.

27

22. THE CONNÉTABLE OF ST. HELIER OF THE MINISTER FOR THE ENVIRONMENT REGARDING THE MINISTER'S RESPONSE TO THE REPORT OF THE INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE: [WQ.220/2018]

Question

What response, if any, has the Minister made to the latest report by the Intergovernmental Panel on Climate Change (I.P.C.C.) which has challenged all governments to take steps to address the problems of climate change; and will he engage with the Minister for Treasury and Resources regarding prospective fiscal measures that could be taken, either through amendments to the 2019 Budget or through the 2020 Budget; and if not, why not?

Answer

I am currently considering the latest IPCC report in the context of the Island's agreed emissions reduction plan - Pathway 2050: An Energy Plan for Jersey (P.38/2014) which outlines policies and actions to reduce Jersey's Greenhouse Gas Emissions by 80% on 1990 baseline levels by 2050[6].

The Energy Forum, the stakeholder arm of the Jersey Energy Partnership[7], have the IPCC report as an agenda item for their next meeting of the 4th December 2018. They will also consider whether Jersey's policies to reduce carbon emissions as modelled are in line with the new emissions and temperature scenarios discussed by the IPCC and report back to the Energy Executive, the Ministerial oversight group tasked with monitoring the delivery of the Energy Plan. At present the two key target areas for carbon reduction are space heating and transport. Their conclusions will inform the Council of Ministers (COM) policy formulation work which is due to take place during the first quarter of 2019 as part of preparing our draft Common Strategic Policy (CSP), Resources Plan for 2020-22, and the new Island Plan.

As a newly elected Minister I would have liked to see the proposed COM budget for 2019 include fiscal measures to achieve our environmental objectives. Unfortunately with only four months since being elected a Minister, the States summer recess and work on our COM CSP having to take priority, at the same time as the Civil Service undergoing a complete restructuring, there has not been sufficient time nor opportunity for policy research and development to ensure any fiscal measures proposed were robust and without unintended consequences.

Whilst there are proposals which could be considered for amendment in the 2019 budget, e.g. bringing centre of town private car parking into the taxable benefits in kind regime to support sustainable transport, I have been advised that until a full assessment of the adequacy of the Island's ongoing emissions reduction policies in the light of the IPCC report has been carried out, it is premature to bring an amendment to the 2019 Budget that would impose fiscal measures for this purpose.

Notwithstanding this disappointment, as Minister for the Environment, I will work to ensure the COM's policy considerations in the 2020 and beyond budget cycles includes potential fiscal levers to encourage reductions in carbon emissions and reduced pollution, especially from vehicles. These could include Vehicle Emissions Duty and differential parking rates for electric vehicles and perhaps in the much longer term an urban congestion charge at peak times, and all have the potential of generating additional funding for sustainable transport including public transport. But these subjects will have to go through the COM one government policy development process, including public consultation, and wide ranging discussions will be required with the Minister for Infrastructure. I will ensure the Connétable has the opportunity to contribute fully to these considerations.

23. DEPUTY C.S.  ALVES  OF  ST.  HELIER  OF  THE  CHAIRMAN  OF  THE  STATES EMPLOYMENT BOARD REGARDING THE NUMBER OF TEACHERS LEAVING THE PROFESSION IN THE LAST 5 YEARS: [WQ.221/2018]

Question

Following the results of the Teachers' Survey which was published on 28th September 2018 –

1. how many teachers have left the profession in the last 5 years (not including retirements);
2. of those who have left, what percentage had exit interviews;
3. how, if at all, were those leaving the profession informed they could have exit interviews? Answer(s):

1. The tables below show the amount of teachers, broken down by role and school type, over the last 5 years, excluding retirements:

2. The information is not held centrally.
3. Exit interview guidance and documentation is provided on the States intranet for use by Managers as necessary. In the event their local intranet does not provide access, their HR Business partner will provide access. Any employee who is leaving can ask for an exit interview.

24. DEPUTY C.S.  ALVES  OF  ST. HELIER  OF  THE  MINISTER  FOR  INFRASTRUCTURE REGARDING LEASE AGREEMENTS ON THE WATERFRONT: [WQ.222/2018]

Question

Further to the Minister's answer to Written Question 185/2018 regarding lease agreements on the Waterfront, can the Minister advise –

1. how much is received annually from these leaseholds;
2. how much has been generated from the sale of leases/sub-leasing since the inception of the States of Jersey Development Company to date;
3. what dividends, if any, have been paid to the States of Jersey to date?

Answer

1. In 2004 the States of Jersey transferred various leasehold and freehold development plots into the States of Jersey Development Company Limited ("SoJDC") (formerly known as the Waterfront Enterprise Board Limited ("WEB")) as a capital contribution from the Shareholder. These land areas were the subject of an independent red book valuation at the date of transfer and are held on SoJDC's balance sheet under "Equity attributable to equity holders of the Company" at £20.2m.

The various leases that have been put in place on the Waterfront plots between the States of Jersey and SoJDC are at a peppercorn rent of £1 per annum.

In 2018, SoJDC is forecast to receive the following income from its leasehold land and property on the Waterfront:

£'000

• Waterfront Car Park  1,222
• Les Jardins Car Park  759
• Liberation Station  100
• Weighbridge  90